IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Form Pros aims to create a user-friendly and accurate website with affordable products and services. Form Pros is not a law firm and does not provide legal advice, legal opinions, entity analysis, organizational strategy, legal defense or recommendations; therefore, it does not serve as a substitute for legal advice from an attorney familiar with the facts and circumstances of your specific situation, trained in and licensed to practice law. No confidential attorney-client relationship is formed through the use of the Site or the purchase of the Services.
As part of the Services, Form Pros may offer you a service to obtain a United States Employer Identification Number (“EIN Service”). In this connection, Form Pros may act a “Third Party Designee” as defined by the United States Internal Revenue Service (“IRS”) form SS-4 instructions. As such, you authorize Form Pros as your Third Party Designee to answer questions about the completion of your form SS-4 and to receive your newly-assigned Employer Identification Number. Form SS-4 and all other IRS forms can be found for free on the IRS website. Form Pros is not the IRS or any U.S. government or state government agency. Form Pros is not affiliated with or a partner to any U.S. government agency or state government agency. The authority of Form Pros as your designee terminates upon assignment and receipt of the Employer Identification Number.
As part of the Services, Form Pros may offer Users Registered Agent Services and Filing Services (collectively “Entity Formation Services”) or similar services associated with legal entity formation in New York and other states. Form Pros will not administer submissions for any businesses that engage in, sell, or promote any of the following: illegal drugs, drug paraphernalia, pornography, sexual aids, diet aids, illegal gambling, illegal substances, illegal firearms/weapons, and anything else determined similar in Form Pros’ sole discretion (collectively “Risky or Illegal Businesses”). Form Pros reserves the right to terminate any User account, block User purchases, and prevent User access to the Site, for any User seeking Entity Formation Services that we deem Risky or Illegal Businesses.
By using the Site and the Services, including EIN Services and Entity Formation Services, you acknowledge that the Site and the Services are not a substitute for legal advice. The Site and the Services are “do-it-yourself” legal templates and forms provided on an “as is” basis with no warranties or guaranties on the merchantability or fitness for a particular purpose of the Services. The Site, the Services, the information therein, including all links to affiliate and third party websites, are provided in good faith without verification of accuracy, applicability, or validity of any information.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
1. Indemnity by You
You agree to defend, protect, indemnify, and hold Form Pros, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- your use of the Site and/or the Services;
- a breach of this Agreement, including without limitation your representations and warranties set forth above;
- any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Site or Services and/or your making available thereof to other users of the Site;
- any activity related to your use of the Site or the Services, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Form Pros.
2. Prohibited Uses of the Site and the Services
The Site and the Services are intended for your own personal and internal business use. By Using the Site and the Services you agree not to:
- Reproduce, copy, modify in any material manner, or remove Form Pros’ proprietary marks, logos or notices from the Services;
- Lease, resell, or redistribute any of the Services;
- Use the Site or the Services in connection with any commercial endeavors;
- Provide access to, or give the Services or any part of the Site or the Services, to a third party;
- Reverse engineer the Site or the Services;
- Make the Services available on any file-sharing platform;
- Harm, as determined in our sole discretion, Form Pros, the Site, the Services, other Users or third parties or their use and/or experience with the Site with, including, but not limited to, the upload of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other material expressly authorized;
- Use in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve the laws of foreign legal jurisdictions, or have been pursued an excessive or unreasonable amount of times, as determined by us;
- Use in connection with any legal matter involving violent crime;
- Use in connection with any legal matter that directly or indirectly involves your current or prospective legal counsel;
- Use in any legal matter that directly or indirectly involves Form Pros or any of its affiliates, directors, agents, employees, or service providers;
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Make any unauthorized use of the Site, including collecting usernames and/or e-mail addresses of users by electronic or other means, for the purpose of sending unsolicited e-mail or creating user accounts either by automated means or under false pretenses;
- Use a buying agent or purchasing agent to make purchases on the Site;
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or that enforce limitations on the use of the Site and/or the Content contained therein;
- Engage in unauthorized framing of or linking to the Site;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Use any information obtained from the Site in order to harass, abuse, or harm another person;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools;
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- Attempt to impersonate another user or person or use the username of another user;
- Sell or otherwise transfer your profile;
- Use the Site or the Service in a manner that violates any applicable law, regulation, or this agreement;
- Permit any third party to use the Site or the Services in a manner that violates any applicable law, regulation, or this Agreement.
3. Form Pros Customer Satisfaction Policy
Form Pros strives towards customer satisfaction with the Site and Services we provide. If you purchase any Service and are not satisfied, please contact Form Pros’ Customer Service (see below for contact details), and we will work with you to rectify your experience with us.
4. Intellectual Property Rights
Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that this website and our content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws
This website may include various product names, business names, logos, slogans and other marks in which we have a registered trademark interest or other protectable interest (collectively “Form Pros’ Property”). It may also include product names, business names, logos, slogans, and other marks in which others have a protectable interest (collectively “Other Materials”). You may not copy, download, display, distribute, modify, or sublicense any Form Pros’ Property or Other Materials on this website without the prior express written permission of the appropriate owners.
5. Limitation of Liability
In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating either to the Site or the Services or to the use thereof. Nothing contained in the Site or in any written or oral communications from Form Pros or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Site and the Services are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Site content or the Services therein or that the functionality of the Site will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Site and the Service is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL FORMPROS, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF FORMPROS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL FORMPROS HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF FORMPROS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Form Pros and sole remedy available to any User in any case in any way arising out of or relating to the Agreement, the Site or the Services shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the user to Form Pros during the six (6) months prior to notice to Form Pros of the dispute for which the remedy is sought.
6. Third Party Websites and Content
The Site may contain (or you may be sent via the Site) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.
7. User Submitted Content
This Site may allow users to post images, audio, text, video, links to other sites, or other content to the Site (collectively “User Content”). As a consequence, you may see User Content submitted to the Site by individuals not affiliated with us. Neither Form Pros nor any of its affiliates endorses these individuals nor are we in any way associated with any of the materials that they may post on Site or link to the Site. Neither Form Pros, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individuals or in connection with any conduct of these individuals.
Each User who posts any User Content acknowledges and agrees that we have the right, in our sole discretion, to take down or remove or alter any and all User Content it deems inappropriate, illegal, or otherwise offensive. Any User who posts any User Content hereby represents that such User Content does not violate any third-party intellectual property rights and further grants us a license to show and make this content accessible on the Site or any successor or affiliate website. By posting any User Content to the Site, you hereby agree to indemnify us from any damages and claims related to the User Content, including but not limited to any infringement, misappropriation, libel or other claims.
8. Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
9. Modification and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
10. Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Form Pros of any unauthorized use of your username or password or any other breach of security and (b) ensure that you exit from your account at the end of each session. Form Pros will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Form Pros account.
11. Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us e-mails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and you also agree to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
12. Availability Outside the U.S.
13. Parental or Guardian Permission
Children under the age of 18 are not permitted to use the Site. Individuals under the age of 18 are not permitted to purchase any of the Services or give Form Pros their e-mail addresses or any other personally identifiable information.
14. Term and Termination
These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation. We may terminate your use or participation in the Site or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
15. Severability Waiver
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.
16. Governing Law
This Agreement and our legal obligations hereunder are subject to the laws of New York County, New York, U.S.A., regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the Site and/or the Services.
17. Attorney Fees
In the event that Form Pros is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Form Pros’ attorneys’ fees and costs.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
For questions or concerns, we can be contacted at email@example.com. We are available between 10am and 6pm, Monday through Friday.